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Marvin Harrison Jr. claims he did not sign Fanatics contract, father signed as company representative

On3 imageby:Andrew Graham08/08/24

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Marvin Harrison Jr. by Mark J. Rebilas-USA TODAY Sports
(Mark J. Rebilas-USA TODAY Sports)

The ongoing contractual dispute between Arizona Cardinals rookie wide receiver Marvin Harrison Jr. and Fanatics, a sports memorabilia and apparel company (among other things), has taken another turn in federal court, according to a report from cllct’s Darren Rovell.

At the center of the disagreement, which has resulted in Fanatics suing Harrison Jr. in federal court in New York, is a contract that Harrison apparently signed in 2023 that licensed Fanatics to sell his autograph, among other things. But Harrison Jr. is now asserting that he, specifically, didn’t sign a contract, but that his father, Marvin Harrison Sr., did on behalf of his son’s company.

This, Harrison Jr. is arguing, keeps him an arms-length from the contract with Fanatics. And means it’s the company — The Official Harrison Collection LLC — is the entity obligated to uphold the deal, he’s argued. Harrison Jr. is the sole representative of the company.

And while it’s legally possible for a sole representative of a company not to be bound by terms of a contract the company has signed and they have not, the LLC being so closely tied to Harrison is going to be a challenge to argue around in court.

“It is not an agreement between Fanatics and me,” Harrison Jr. said in an affidavit, according to cllct. “I was never requested to, nor did I ever, sign any document that personally obligated me to do anything concerning the ‘Binding Term Sheet.”

Harrison Jr. submitted that affidavit, along with one from Harrison Sr., as part of a motion to dismiss the Fanatics complaint. A judge denied that motion, and another seeking to prevent discovery from proceeding.

There’s also a question of payment, as Fanatics argue that Harrison Jr. more or less treated the contract as valid by getting paid $110,000 for autographs he signed under terms of the contract. Harrison Jr. contends that he was not paid, but his LLC was. He also argues that he was paid by Topps, and not Fanatics. Topps is a subsidiary of Fanatics.

Harrison Jr.’s company was registered in 2023, shortly before the contract with Fanatics was signed.

As part of this saga, Harrison also did not sign on to the NFL Player’s Association group licensing deal, meaning his jersey will not be available for sale by companies like Fanatics. It was largely understood to be a move to try to create leverage over Fanatics.

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Harrison Jr. was arguably the best wide receiver in the country last season, making his name extremely valuable. He won the Biletnikoff Award in 2023 after catching 67 passes for 1,211 yards and 14 touchdowns. He is also a two-time All-American and was a Heisman Trophy finalist last year.

More details on the Harrison Jr., Fanatics contract dispute

The $1.05 million sum is roughly 3% of what Harrison Jr. is set to earn on his rookie contract with the Arizona Cardinals after they selected him with the fourth overall pick in the 2024 NFL Draft. The wide receiver agreed to the terms listed in the binding sheet, however, the two parties never finalized a full-blown contract. That fact is part of the receivers defense as his representation prepares to dispute the claim of breach of contract.

According to the term sheet, the two sides were to “work together in good faith to negotiate an agreement to combine, amend and restate” the deal “promptly” after signing. Harrison Jr. signed the binding sheet on May 16, 2023, while he was still in college at Ohio State. It had two phases — one from signing until March 31, 2024, which led up to the draft, and one from April 1, 2024 through March 31, 2026.

Harrison Jr. has yet to sign the NFLPA’s group licensing agreement, which would allow the union to market his name, image and likeness to 85 companies. Instead, The Official Harrison Collection LLC is selling merchandise on its website.

Fanatics alleges that the receiver told the retailer that he’s received a larger offer from a competitor, with other trading card companies making multiple “competing” offers as well. In its lawsuit, Fanatics notes that Harrison Jr. “demanded” the retailer match or exceed the additional alleged offers.

Harrison Jr., according to Fanatics, refused to provide the retailer with the competing offers. Fanatics said that he has “already begun negotiating competing agreements with other collectible or sports trading card companies.”